JOFOC 0002288.pdf

DJF-20-0700-PR-0002288

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FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH TITLE 41

U.S.C. 3304(A) (1)

Date: April 6, 2020

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Finance Division (FD), has prepared this justification for other than full and open competition for a sole-source contract for ThermoFisher Scientific/Life Technologies preventative maintenance, on behalf of the

Laboratory Division (LD), Biometric Analysis Section (BAS).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This Justification for Other Than Full and Open Competition is being prepared in accordance with the authority of Federal Acquisition Regulation (FAR) Part 6.302-1, “Only One Responsible

Source and No Other Vendor Will Satisfy the Agency’s Requirements.” The proposed maintenance contract with ThermoFisher Scientific/Life Technologies shall include a base year with four (4) one year option periods.

3. A description of the supplies or services required to meet the agency’s needs.

The process of analyzing the DNA samples that are sent to the FDDU daily is one which requires the extensive use of technology and skill, and the laboratory has remained current with the physical equipment required to perform this analysis through capital investments. The FBI

Laboratory must also acquire the maintenance required for that equipment in order to efficiently continue the analysis of the DNA samples sent to the laboratory daily.

The BAS currently utilizes Thermo Fisher/Life Technologies equipment in order to process

DNA for casework evidence, missing persons cases, TEDAC, and DNA Database samples. In addition to requiring these instruments for casework processing, these items are also needed by the Research and Support Unit (RSU) for research projects.

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The proposed action is for the FBI’s Laboratory Division to acquire Thermo Fisher/Life

Technologies Preventative Maintenance for the instruments used by the DNA Casework Unit

(DCU), DNA Support Unit (DSU), Federal DNA Database Unit (FDDU), Terrorist Explosive

Device Analytical Center (TEDAC) Section, Scientific Response and Analysis Unit (SRAU), and the Research and Support Unit (RSU).

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is Title 41 U.S, .C. 3304(a)

(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only

One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

This is a sole-source procurement as ThermoFisher Scientific/Life Technologies is the manufacturer of the already acquired, validated, and approved instruments used in the FBI

Laboratory robotic platform. Therefore the only supplier of the required preventative maintenance is ThermoFisher Scientific/Life Technologies. ThermoFisher Scientific/Life

Technologies does not have any approved resellers.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The FBI will publicize this requirement on the BETA.SAM.gov website. This announcement will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities, experience, and qualifications; cost information;

and any other information.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

Before awarding a contract, the Contracting Officer will perform a Price Analysis.

8. A description of the market research conducted and the results.

ThermoFisher Scientific/Life Technologies, through countless avenues of research, is the only open source found that can provide the required maintenance. The previously acquired certified, tested, validated, and approved instruments used by the BAS are very specific to the laboratory processes and are manufactured by ThermoFisher Scientific/Life Technologies and no other source can provide the required maintenance needed by the FBI Laboratory. There was no risk found when reviewing ThermoFisher Scientific/Life Technologies past performance.

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

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9. Any other facts supporting the use of other than full and open competition.

The process of analyzing the DNA samples that are sent to the FDDU daily is one which requires the extensive use of technology and skill. The laboratory currently uses many previously tested and validated ThermoFisher Scientific/Life Technologies instruments, which include the

GMIDX software for the analysis of DNA samples, 3500 Genetic Analyzers and equivalent instrumentation, and the COPAN punch instruments. The laboratory uses these systems as well as the reagents and consumables for these systems and all have been successfully validated.

Maintenance must be acquired by ThermoFisher Scientific/Life Technologies for the already purchased instruments. ThermoFisher Scientific/Life Technologies makes the systems, software, reagents; therefore they are the only vendor that can provide the necessary maintenance.

10. A listing of any sources that expressed a written interest in the acquisition.

A synopsis will be posted on the BETA.SAM.gov website. This synopsis will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities and cost information.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The FBI will continue to conduct market surveys and research available through industry shows and technology releases in the form of papers and journals. This will be used to identify potential sources on subsequent acquisitions. If potential sources are identified, it will be necessary to submit to both extended compatibility and eventual validation studies, but due to the technical and specific nature of these courses, no other vendor has been found at this time. The

FBI Laboratory holds itself to the highest standards within the forensic community and ensures that all instruments and technology used in the DNA process received the maintenance that is required for efficient use.

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Reviews and Approvals ($700,000 to $5,000,000)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Reviewed and Approved by:

Competition Advocate: